Persuasive Authority

Persuasive Authority

Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion.

References in periodicals archive ?
As the ruling in Vedanta is one of English law it is not binding in Scotland, but it is likely to be treated as a persuasive authority in Scottish courts.
While cases from other states are not binding on Oregon courts, a general contractor would likely cite these cases and, given that there is no Oregon case law, Oregon courts would likely consider them persuasive authority.
In the absence of either controlling authority or a consensus of persuasive authority to the contrary, we conclude that Cummings was entitled to qualified immunity.
However, discrimination based on hair or hairstyles that disparately affect a person based on their race can be alleged as race discrimination, and perhaps citing to the New York City Commission on Human Rights' new guidance will provide persuasive authority.
In fact, several courts began citing the Restatement of the Law of Liability Insurance as persuasive authority even before the ALI formally voted to adopt the Restatement this past month, and courts' reliance on the Restatement will certainly accelerate now that it has been formally adopted by the ALI.
The clear weight of authority, including persuasive authority from the 4th Circuit, supports this approach.
District Court Judge Lucy Koh wrote, "Plaintiff does not point to any persuasive authority to support the notion that Defendants, by creating a 'video-sharing website' and subsequently restricting access to certain videos that are uploaded on that website have somehow engaged in one of the 'very few' functions that were traditionally 'exclusively reserved to the State.' Instead, Plaintiff emphasizes that Defendants hold YouTube out 'as a public forum dedicated to freedom of expression to all' and argues that 'a private property owner who operates its property as a public forum for speech is subject to judicial scrutiny under the First Amendment.'"
Circuit Court of Appeals could offer some persuasive authority. In U.S.
This should be used as strong, persuasive authority for full coverage.
(17.) See generally Rebecca Lefler, Note, A Comparison of Comparison: Use of Foreign Case Law As Persuasive Authority by the United States Supreme Court, the Supreme Court of Canada, and the High Court of Australia, 11 S.
At most, arbitral awards provide persuasive authority and arbitral tribunals may be motivated to reach an outcome consistent with published awards.
"Having considered the holding of other jurisdictions regarding the scope of an appraiser's rights and duties under an appraisal clause in an insurance policy, we conclude that the more persuasive authority is the authority holding that an appraiser's duty is limited to determining the 'amount of loss' --the monetary value of the property damage--and that appraisers are not vested with the authority to decide questions of coverage and liability; we thus adopt that holding as our rule of law.